The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1887-10-08
Correspondence Baltimore County Union.
THE PRESENT CONSTITUTION.
The Origin Of Our Organic Law and the
Changes that Have Been Made in It.
What New Constitution
Would Involve.
RAYyILLE, Nd. October Sd. Is

RAYvILLE, Nd, October Sd, 1887.
Editors Union In accordance with section 2
of article IA of the Constitution of Maryland the
last General Assembly passed a bill providing for
taking the sense of the people in regard to calling
convention for altering the Constitution. Whether
or not the people desire convention for that pur-
pose they will decide at the ensuing election. The
Democratic platform declares in favor of con-
vention, while the Republican platform declares
against it. As the matter concerns every voter
and taxpayer in the State, regardless of their
party affiliations, it should be considered from a
non partisan standpoint.
In article IA of the Constitution provision is
made for changing or altering the same at such
time as it may be deemed necessary. The first
section of said article specifies how it may be alter
ed by the General Assembly and such alteration
confirmed by the votes of the people at a compar-
atively small expense at any time. The second
section provides for its alteration by Constitu-
tional Convention and for the ratification of the
same by the votes of the people every twenty
years, at an expense of at least one hundred and
twenty-five thousand dollars; and this expense
must be borne by the taxpayers whether the work
of the convention is ratified by the votes of the
people not.
There are two questions that should naturally
arise in the mind of every taxpayer, without
gard to his political feelings. First, is COnsti-
tutiona Convention really necessary at this time?
and second why should we increase the burden of
taxation-already too heavily voting for con-
vention if the necessary changes can be made in
the Constitution without calling a convention to
make the changes? As great and even greater
changes were made in our organic law in the
earlier years of its existence than contem-
plated being made; and were made at small ex-
pense to the taxpayers and in the manner specified
in the first section of article IA of the present Con-
stitutiOn.
derstood it is necessary to briefly refer to the for
nation of the first Constitution of Maryland and
the changes that were made therein. Excepting
brief intervals, the people of Maryland under
the Proprietary government until IVA, when the
people called for general convention. Meetings
were held in the counties and delegates chosen,
who met at Annapolis on the 22d of June, 1774.
They proposed absolute cessation of intercourse
with England and named Matthew Tilghman,
Thomas johnson, Robert Goldsborough, William
Paca and Samuel Chase delegates to the first Con-
tnental Congress, which assembled at Philadel-
phia, September 5th, IVA. On the 21st of Novem-
Der the convention again assembled and after
having approved of the proceedings of Congress,
adjourned to December Sth to give time to the
counties, not represented to send delegates. With
the organization of this convention the 8th of
December, 1774, ended the dominion and power of
tho Proprietary government of Maryland, and the
convention became the general legislative and ex-
ecutive body of the province. On the 10Th of July,
l775, the convention again assembled and adopted
the famous Association of the Freemen of Mary
land" which was subscribed to by all the patriots
and became the written Constitution of the prov
ince until the new system was framed in 1776.
Maryland having been declared free and in
dependent State on the 4th of July, l776, it was
necessary to frame n permanent government for
the new State. The convention accordingly or
dered elections to be held for delegates to
vention to form Constitution, conided the
supreme power into the hands of the committee of
safety until the new convention should assemble,
and adjourned on the 9th of July. In compliance
with the requisition of the late convention cleo
tons for delegates to the new convention held
throughout the State on the LIST of August, 1875,
and on the l4th of August the new body assem-
bled and organized with Matthew Tilghman
president. After transacting business which had
accumulated since the adjournment of the last
convention, they completed their organization and
elected by BALLOT Messrs. Tilghman, Carroll, Paca,
Carroll of Carrollton, Platter, Chase and Colds
borough to prepare and report declaration of
rights and form of government. On the 10th of
September the committee reported the bill of rights
and Constitution, which were laid over, and on the
18th ordered to be printed and disseminated among
the people for discussion, and to enable the dele
gates to ascertain the sentiments of their constitu
ents before they proceeded to act upon it. The
convention then adjourned until the Both of Sep
TENDER. After reassembling the bill of rights and
Constitution were fully discussed from day to day,
revised and amended, and on the Sd of November
the bill of rights was adopted. On the Sth of
November the Constitution was finally agreed to
and elections ordered to carry it into effect.
Under this first Constitution, as under the pres
ent one, the government was composed of three
distinct branches viz: the legislative, executive
and judicial. The legislative authority being
vested in House ofDelegates, composed of four
nhnrc from two from aach of
the cites of Baltimore and Annapolis, chosen by
a UiUa vote of the people at elections held by
the sherifs at their respective court houses; and
o Senate, composed of fifteen members, whose
term of service was five years, chosen by college
of electors composed of two delegates from each
county and one from each of the cities of Ba!ti-
more and Annapolis, who were elected by viUa
Uoce vote of the people. The executive power was
placed in the hands of Governor, elected annual
ly by Joint ballot of the two Houses of the Legis-
lature. The Governor was assisted by council
of five members chosen by the same bodies. His
powers were simply executive, as he possessed no
veto and no other means whatever of interfering
with the legislative branch of the government
The judicial system was composed of the General
Court, the Court of Chancery and the Court of
Appeals-also a Court of Admiralty, whose juris-
diction was taken away by the adoption of the
Federal Constitution. The sherifs were elected
by the people and clerks of the courts were APP
was limited to property qualification every voter
being required to possess freehold of fifty acres
of land in the county in which he offered to VOTE
or property within the State to the value of thirty
pounds In addition to the qualifications pos
sessed by q voter the amount of property which
an aspirant for the House of Delegates must pos
sess was raised to five hundred pounds, and a
Senator must possess property to the value of a
thousand pounds and be twenty five years of age
Having thus provided for the organization of a
State government the convention deposited the
supreme power in the hands of the committee of
safety and adjourned on the 18th of Nov, 1776.
The elections having been held in accordance
with the provisions of the Constitution, the Legis
lature assembled for the first time on the 9TH Of
February, 1777, and on the 21st of March Thomas
johnson was proclaimed the first Republican
Governor of Maryland. The new government
now being fully organized the committee of safety
surrendered its power and ceased to exist and
the law of the Constitution spread its shield over
the State. Although the new form of government
was quite an improvement on the old Proprietary
government, the people were not satisfied. They
desired an enlargement of the right of suffrage
In the year 1900 the House of Delegates passed a
bill to amend the Constitution but the Senate
failed to concur. In 1901 the bill was again pass
ed by the House of Delegates and the Senate was
warned that if the bill met with further opposition
it would be necessary to call Constitutional Con-
Ventlon IN 1915. Early In loUZ the bill was pass
ed by both Houses. This amendment extended
the right of suffrage to every free white male cti-
zen twenty-one years of age who had resided one
year in the State and six months in the county in
which he offered to VOTE excepting Jews, who were
not enfranchised until 1925, and the ballot and
ballot-box substituted for the vira voce mode
of voting. In June, 1909, all clauses in the Con-
stitution requiring property qualification for
ofice-holders we're stricken out.
While this improvement in the organic law was
progressing the old judicial system was abolished
and one similar to the present system adopted
In 1e3e-37 amendments were adopted giving tho
election of the Governor to the people and fixing
his term of Office at three years. Next the Gov
ernor's council was abolished and provision made
for Secretary of State. The Senate was reorgan-
lied, one member being assigned to each county
and to the city of Baltimore, to be elected directly
by the people, and their term of office fixed at six
years, and the number of members of the House
of Delegates distributed more in accordance with
the population of the several counties In 1S45-46
amendments were adopted making the sessions of
the Legislature biennial instead of annual, and re-
ducing the salary of the Governor from $4,000 to
$4,000 per year.
Thus we see that all these changes, made in the
Constitution of 1776 left hut a sm oil ,orton of